Ma'iz ibn Malik came to the Prophet (ﷺ) and said that he had committed fornication and he (the Prophet) turned away from him. He repeated it many times, but he (the Prophet) turned away from him. He asked his people: Is he mad? They replied: There is no defect in him. He asked: Have you done it with her? He replied: Yes. so he ordered that he should be stoned to death. He was taken out and stoned to death, and he (the Prophet) did not pray over him.
Prescribed Punishments (Kitab Al-Hudud)
Sunan Abi Dawud 4421 - Commentary by Classical Scholars
The Case of Ma'iz ibn Malik
This narration establishes the fundamental principle that the prescribed punishment (hadd) for fornication by a muhsan (married person) is stoning. Ma'iz's repeated confession demonstrates the Islamic legal requirement for certainty in establishing guilt for hudud crimes.
The Prophet's initial turning away reflects the Islamic principle of seeking excuses for Muslims and avoiding implementation of hudud when possible doubts exist. His inquiry about madness shows the requirement of legal capacity (ahliyyah) for punishment.
Legal Requirements for Confession
Scholars note that Ma'iz confessed four times, establishing the standard that confession must be clear, repeated, and voluntary without coercion. The Prophet's specific question "Have you done it with her?" confirms the requirement for explicit admission of the physical act.
The absence of prayer over Ma'iz indicates the gravity of dying while persisting in major sin without apparent repentance, though scholars differ on whether this applies generally or was specific to this case.
Scholarly Conclusions
This hadith establishes that stoning is the prescribed punishment for married fornicators. It demonstrates the careful procedural requirements before implementing hudud and the importance of making repentance readily available to sinners.
The case shows the balance between Allah's mercy (seeking to avoid punishment) and His justice (implementing divine law when conditions are met).